California Vehicle Code 21200.5 details the unlawful riding of a bicycle on a highway while under the influence of alcohol or any drug of any kind. Bicycle riders caught riding under the influence will be subjected to the same sobriety tests as vehicle drivers to determine their level of intoxication in accordance with California Vehicle Code Section 23612.
Penalties for Cycling Under the Influence
Violation of Vehicle Code 21200.5 is a misdemeanor in the state of California with a punishment of up to a $250 fine. Unlike a DUI for vehicle drivers, bicyclists under the influence will not receive any jail time for their violation. Examples of CVC 21200.5 include:
- Riding your bike home after a night of drinking at a club, restaurant, or bar
- Riding on the street while high on marijuana
- Crossing into opposite lanes or traffic, running stop signs, and making erratic turns due to being intoxicated
The language of California Vehicle Code 21200.5 reads as follows:
“Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.”
Driving Under the Influence (DUI) Test
Unfortunately, drunk driving is a common occurrence in California. Here is a summary of the Annual Report of the California DUI Management Information System:
- 123,548 DUI arrests were made in the state of California
- Around 70% of DUI violations in California end in convictions
- The median age for a DUI in California is 31 with over 70% of drivers being over the age of 40
- 73% of all DUI arrests are first-time offenders
Under California Vehicle Code 23612, motorists and bicyclists stopped for DUI are required to submit to a breath or blood test. This law presumes drivers give implied consent to testing by driving on the road. Refusal to take a DUI test can result in a minimum punishment of one year of license suspension.
What to Expect if an Officer Stops You for DUI
Police officers are keeping an eye out for people breaking the law, so once you’re at a checkpoint an officer will be mainly looking to see if you:
- Have difficulty gathering your license and registration once it is requested
- Smell like alcohol
- Have trouble understanding or answering the officer’s questions
- Have any alcoholic beverages, drugs, or paraphernalia on your person
- Exhibit slurred speech, red/watery eyes, or signs of physical impairment
If you are intoxicated and you get stopped while riding your bike, your experience will not be a good one. If an officer believes you are intoxicated, they will extend their investigation. This can lead to a California DUI field sobriety test (FST), or a breathalyzer test. If there is probable cause to believe that you were driving under the influence of alcohol or the influence of drugs, you may be ticketed.
DUI Checkpoints and Your Fourth Amendment Rights
The Fourth Amendment of the Constitution states that individuals are protected against “unreasonable searches and seizures” of property by the government. Over time, this amendment has expanded to protect individuals from stop-and-frisk searches and other forms of property seizure without probable cause. In order to comply with the Fourth Amendment, California DUI checkpoints must adhere to the following:
- The checkpoint must be reasonably located and identifiable
- Supervising officers must make all operational decisions
- Stopping motorists must be a non-discriminatory or neutral action
- Adequate safety precautions must be taken
- Proper signage must display the existence of the checkpoint
- Drivers can only be detained for a minimum amount of time
- Roadblocks must be publicly advertised in advance
Support for Bicyclists Riding Under the Influence
If you or a loved one has been criminally charged while cycling under the influence, contact us at Maison Law for a no-risk consultation and free case assessment from one of our experienced attorneys. No upfront money is needed. We don’t get paid unless we win your case.
